ILLINOIS POLLUTION CONTROL BOARD
November 4, 2004
PEOPLE OF THE STATE OF ILLINOIS,
Complainant,
v.
DUPAGE MACHINE PRODUCTS, INC., a
Delaware corporation,
Respondent.
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PCB
04-101
(Enforcement - Air)
ORDER OF THE BOARD (by J.P. Novak):
On December 23, 2003, the Office of the Attorney General, on behalf of the People of the
State of Illinois (People), filed a complaint against DuPage Machine Products, Inc. (DuPage
Machine Products).
See
415 ILCS 5/31(c)(1) (2002); 35 Ill. Adm. Code 103.204. The People
allege that DuPage Machine Products violated Section 9(b) and 9.1(d)(2) of the Environmental
Protection Act (Act) (415 ILCS 5/9(b) and 9.1(d)(2) (2002)); 35 Ill. Adm. Code 201.302(a),
254.132(a), and 254.137(a); 40 C.F.R. 63.467(b) and 63.468(f) and (h), as enforceable under
Section 9.1(d) of the Act (35 Ill. Adm. Code 5/9.1(d) (2002)); and conditions 6(b)(v)(A) and
(b)(v)(B) and 7(b) and (c) of federally enforceable state operating permit (FESOP) number
97050122. The People further allege that DuPage Machine Products violated these provisions by
failing to maintain required records and submit required reports to the Illinois Environmental
Protection Agency. The complaint concerns DuPage Machine Products’s screw products
manufacturing facility at 99 International Boulevard, Glendale Heights, DuPage County.
On October 25, 2004, the People and DuPage Machine Products filed a stipulation and
proposed settlement, accompanied by a request for relief from the hearing requirement of Section
31(c)(1) of the Act (415 ILCS 5/31(c)(1) (2002)). This filing is authorized by Section 31(c)(2)
of the Act (415 ILCS 5/31(c)(2) (2002)).
See
35 Ill. Adm. Code 103.300(a). Under the proposed
stipulation, the DuPage Machine Products neither admits nor denies the alleged violations but
agrees to pay a civil penalty of $37,500.
Unless the Board determines that a hearing is needed, the Board must cause notice of the
stipulation, proposed settlement, and request for relief from the hearing requirement. Any person
may file a written demand for hearing within 21 days after receiving the notice. If anyone timely
files a written demand for hearing, the Board will deny the parties’ request for relief and hold a
hearing. 415 ILCS 5/31(c)(2) (2000); 35 Ill. Adm. Code 103.300(b), (c). The Board directs the
Clerk of the Board to provide the required notice.
IT IS SO ORDERED.
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, certify that the Board
adopted the above order on November 4, 2004, by a vote of 5-0.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board